February 20, 2019

How multiple taxes cripple listed companies’ operations

The incidence of multiple taxes, which have crippled operations of many listed firms in Nigeria, has spawned fresh criticisms, as capital market experts at the weekend, urged the incoming administration to abolish such investment obstacle. The experts, who canvassed a downward review of the withholding tax charged on dividend paid by quoted firms, also condemned a situation where companies that recorded losses are made to pay taxes from their turnover. According to them, the tax system depletes returns on investment, erodes capital base of listed firms, and subsequently trigger businesses collapse. They added that it largely undermines efforts by capital market regulators to woo more companies to list their shares in the market, a move that will make investors have access to many investment opportunities and deepen the market. There are over 2,000 registered public companies, but less than 500 are listed on the Nigerian Stock Exchange (NSE), and this, they believe is because tax on dividend and capital gains are punitive compared to taxes on savings like bank deposits or treasury bills. Besides, when more companies enlist, the federal government will earn more revenue in form of tax. But instead of listing and enjoying the benefits, most of them stay away from the market. Therefore, they suggested that the incoming administration must review the tax system and multiple taxes levied on Nigerian firms to induce savings, generate high employment opportunities, and grow the nation’s Gross Domestic Product (GDP). An independent investor, Amaechi Egbo, said: “Even though the government has in recent times moved towards a low tax regime, there is no denying the fact that current tax rates both corporate and personal are still too high to promote compliance and attract investment. “Beyond being a disincentive to participation in the capital market, this situation has wider economic implications. The tax regime of quoted companies is an important tool for decision-making by multinationals whether to list or stay away from the market. Egbo “further argued that government has not provided the needed infrastructure and amenities to justify the current tax regime in Nigeria. A professor in the Department of Business Law, College of Law, Igbinedion University, Okada, Prof. Nat Ofo, said: “Multiple taxes are bad for businesses, as it unduly depletes the resources of companies, short changes shareholders by reducing the amount available to pay them dividend, and imposes inefficiency on companies. “Government and regulators should provide an enabling environment for businesses to thrive. Multiple taxes are inconsistent with that objective, and should consequently be discouraged and discarded.” The National Coordinator, Progressive Shareholders Association of Nigeria, Boniface Okezie, said: “the tax regime in Nigeria is indeed killing, what is government doing with these levies? They are not using it to better the life of the ordinary Nigerian. The infrastructure are not there; power that would enable these companies run their factory is absent, and most of these industries have no good road network, and at the end, it would affect dividend declaration and shareholders will suffer. “The incoming government must give priority to the issues of multiple taxation, some of these companies need tax holidays in other to recoup the money invested in infrastructures so that there will be room to pay dividend to those who invested in them and employed more hands.” The Managing Director, Highcap Securities, Imafidon Adonri, said: “Multiple taxes are a disincentive to investment; the incoming administration should abolish them.” Agreeing, the Publicity Secretary, Independence Shareholders Association, Moses Igbrude, said not only is multiple taxes a disincentive, but also a big challenge to businesses. “This heavy tax burden ranges from FIRS, SIRS, and local governments, even thugs move around business premises collecting different levies and fines from companies, their customers and suppliers. “All this payments hit the bottom line, making shareholders to go home without dividend at the end of every year. This is discouraging and hinders the growth of businesses in Nigeria.”   Source: Guardian

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FIRS SUSPENDS LIEN ON BANK ACCOUNTS OF TAXPAYERS

The Federal Inland Revenue Service (FIRS) on Friday, 15 February 2019, instructed banks to suspend lien placed on the bank accounts of some taxpayers. In a letter issued to all banks, FIRS noted that the suspension takes immediate effect and would last for a period of 30 days. FIRS also noted that the suspension was necessitated by the large number of taxpayers who frequently throng FIRS’ offices, in an attempt to regularise their tax status and reconcile their tax records with FIRS. However, the suspension may not be unconnected with the widespread discontentment of various stakeholders on the action of FIRS. It would be recalled that the FIRS had in 2018, issued letters to banks, appointing them as agents of collection of outstanding taxes from tax defaulters’ accounts. Please click here to access our earlier tax alert in this regard. While the new directive from FIRS is a welcome development, it is unclear what will happen to taxpayers’ bank accounts at the expiration of the 30 days suspension period. However, we advise all taxpayers to take advantage of this window to review their records and settle any outstanding tax liabilities, to avoid disruption of their business operations.   Source: Deloitte

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Federal government kicks off road for tax refund projects

The Federal Government has flagged-off its roads for tax-refund initiative with Dangote Construction handling a 16-kilometre Ofeme Community road network in Ohuhu in Umuahia North local Government, Abia State. The community road project which is expected to be delivered under the FG’s Road Infrastructure Development and Refurbishment Investment Tax Credit Scheme enables private sector like Dangote, Unilever, NLBG and others to invest in road construction, making it possible to upgrade access roads to industrial and manufacturing clusters and reduce cost of transportation which results into reduction in the cost of food and other services, thereby curbing inflation. Speaking during the flag-off ceremony in Ofeme Abia state, the Minister of Industry, Trade and Investment, Dr. Okechukwu Enelemah, called on the people to give the contractor the needed cooperation to enable it complete the road project in record time of one year stated in the contractual agreement. Also speaking, the Federal Controller of Works, Abia State, Engr. Nwankwo Chuwudike, who represented the Minister of Power, Works and Housing, Raji Fashola, said “the road would not only enhance the standard of living of the Ofeme community, it would also lead to reduction in the cost of transportation and ultimately help in poverty reduction.” He called on the people of Ofeme to own the project while also “appealing to all road users, and the youths of this community to be supportive, patient and mindful of road diversions during construction, while we hold the contractors to their bond of timely and quality delivery of this service.” Federal Government recently resolved to continue with massive infrastructural development across the country under Executive Order #007 signed by President Muhammadu Buhari in January. Six private sector players will execute 19 road projects under the Executive Order 7. They are Dangote Industries Limited; Lafarge Africa Plc; Unilever Nigeria Plc; Flour Mills of Nigeria Plc; Nigeria LNG Limited; and China Road and Bridge Corporation Nigeria Limited. These Investors will be investing in 19 Eligible Road Pilot scheme projects, totalling 794.4km which have been prioritised in 11 States across each of the 6 Geo-Political Zones. The Minister of Finance Mrs Zainab Ahmed who chairs the Scheme’s management committee said that “Executive Order #007 of 2019 on the Road Infrastructure Development and Refurbishment Investment Tax Credit Scheme will incentivise private sector investment in Nigerian roads across key economic corridors and industrial clusters, relieving the Government of the burden of funding the initial outlays for these investments.   Source: Todayng

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